Someone has stolen my company name

[vanillamoon]

I own the company name Vanilla Moon Cotswold, Vanilla Moon Beauty, Vanilla Moon Complementary therapies, Vanilla Moon Spa and so on you get the idea.

Anyway another person not too far away within in my client area has taken the name and is in exactly the same business as me,

I have spent time effort Money and a long time building up my company and its name I think they may have done this so that when someone searches they can go to their company after all this would save them time and money in marketing their own name when they can steal one where the work is already done.

I have written a really nice email letting them know and asking them to stop trading as my name and to check companies house and choose a name that is not taken and is not similar to other names especially if the company is same type of business

I enjoy a good relationship with other business around here and clients I work in the location as the business which is using my name

I am upset by this and also the lack of response from the company owner Its not how professionals should behave I would never dream of doing this to a business in same area in same trade.

What can I do? I am a small business I can't afford big legal teams

Any ideas of best way forward, or anyone who would swap their legal knowledge for free treamtments I

 

[OldWelshGuy]

I have approved this post, but until you verify your account from within the email, none of your posts will show. I will now delete the duplicate threads you started that are awaiting manual approval.

 

[simon field]

I'd start by forgetting the email route, and phone them up.

 

[The Resolver]

Did you register the trademark? In any event from what you say you would seem to have a good claim under 'passing off'. However the worse thing to do is to threaten legal action , if you do not intend to go forward with it. Once he sees it as a bluff you lose all credibiity in negotiating any further. Paying a lawyer therefore to just send a threatening letter is usually a waste of money. Of course, however, you need to ensure the other party is fully aware that he is in clear breach and that the longer he trades the greater the claim you have against him. Its about setting out your options rather than threatening which option you will take up. I operate by helping the other party to realise it is in his interests to come to some resolution with you. Think of what action you could take to cause embarrassment to them. First find out as much as you can as to their ownership (shareholders) , suppliers, banking etc. You are entitled to make adverse comment about them to their suppliers/customers on the basis you need to ensure no-one is misled into thinking they are your company. I don't say necessarily do these things, but ensure they know what options are available to you should they not negotiate. PM me if you want a chat so I can give you some ideas.

 

[Trademarkroom]

Hi.

As previously mentioned, if you have spent time and money on building up your reputation then you may have a good case for 'passing off' based on your unregistered rights.

If you have not registered your brand as a trade mark- I would strongly advise you doing so. Take a look at the UK IPO website for more details ( trade mark section). A registered trade mark gives you the sole right to use the mark and prevent others from doing so without your consent- it is an easier route to tackling trade mark infringement.

There is an initial outlay but a trade mark lasts for 10. We are very experienced trade marks and trade mark registration so please feel free to 'pm' me if I can be of any further assistance.

 

[vanillamoon]

Thank you for your reply

 

[vanillamoon]

I said I would take further action I didnt threaten legal action for exactly the reasons you mentioned, further action could include calling, taking etc.
They just call their business Vanilla Moon cotswolds they are not registered anywhere cant find out any info on them apart from owners name address and that was just because the lady who has done this lives a couple of villiages from where my parents live.

Thanks for your advice I will see if I can find out anymore information, I dont think they lady will talk as she didnt even reply to my mail.

 

[David Warrilow]

I said I would take further action I didnt threaten legal action for exactly the reasons you mentioned, further action could include calling, taking etc.
They just call their business Vanilla Moon cotswolds they are not registered anywhere cant find out any info on them apart from owners name address and that was just because the lady who has done this lives a couple of villiages from where my parents live.

Thanks for your advice I will see if I can find out anymore information, I dont think they lady will talk as she didnt even reply to my mail.

It's difficult to know the best way forward without studying the situation in detail, but it may be that you need to get a trademark application in ASAP and send them a letter threatening passing off and trademark infringment.

I'd suggest seeking professional advice as these situations are often not straightforward.

David

 

[Alan]

has taken the name

Which name have they taken?
Are they specifically advertising with it anywhere?

 

[vanillamoon]

David
Thank you for your message I will need to do something as yet another client arrived today and mentioned she had ended up on the other business website she only relised as the phone code was different. I have written to trading standards in case they may be able to help due to the passing off
Just so difficult if money was no object I would employ someone to deal with all of this and just sort it out.
I have contacted the clients who have been confused when looking for my site and they are willing to make a statement to that effect.
I have had some exciting news I am a finalists in Women in Business awards 2013 which means something needs to be done quickly as the awards talk about my business by name it is in papers etc so anyone looking will google my business name Vanilla Moon and may end up on the wrong site I am still perplexed why another therapist would do this holistic therapists are meant to be kind and caring..... no need lots of names for companies no need to take somone elses
But thank you for your reply I looked at copy right and it sorted of redirected me back to companies house where my companies are already registered,
I have worked so hard for my company I have 6 children my husband was in the HM Forces and was injured in an explosion so has recently been medically discharged he has been suffering the effects since 08 I opened my own company as needed something so I could work around caring for him children and still pay the bills, I have worked hard I am honest in business and life and it is so unfair that people out there can do this sort of thing I am not niave and know business is hard but surprised of the actions of another therapist as you are meant to work with good intent to all.

 

[Alan]

Hang on.... the company name Vanilla Moon Cotswolds Ltd registered 18th February 2013. (Director Zoe)

The domain vanillamooncotswolds.co.uk was registered 28th June 2011 (by Lucy).

I'm assuming you are Zoe - as you said you own the Ltd companies.

The dates don't help your claim, and I'm not surprised they ignored your request.

 

[number42]

Although:

Domain Name: VANILLAMOONCOTSWOLDS.COM
Creation Date: 30-jan-2013
Administrative Contact: warner, zoe

Could this person claiming to be the original owner actually be the competitor considering her UKBF name is Zoe? hmm

 

[Alan]

I own the company name Vanilla Moon Cotswold, Vanilla Moon Beauty, Vanilla Moon Complementary therapies, Vanilla Moon Spa and so on you get the idea.

Are all businesses where the director is Zoe

 

[vanillamoon]

I own lots of the Vanilla Moon companies, some I have as dorment companies some I have paid to have the names kept for 10 years and have owned them for different times when it came to my attention from clients that the other person had I went to as advised to copywrite the name being as I have been Vanilla Moon for years this was a couple of weeks ago and in a round about way got re directed back to companies house so advised to buy all the Vanilla Moon names I could to protect them I brought some more Vanilla Moon names the other lady doesnt trade as Vanilla Moon Cotswold she just has that in her webaddress she trades as Vanilla Moon which is the name of my company which I have had for years. So as I was advised to buy all the names with Vanilla Moon in from companies house to protect the names by a company that sets up companies
So although she may have Vanilla Moon cotswolds which she doesnt trade as she has got that since I have had Vanilla Moon does that make sense? Back in early part 2011 I had Vanilla Moon but was working from a treatment room in a gym

 

[vanillamoon]

Not sure which message you just sent as they all seem to be over lapping
I have been Vanilla Moon for ages even in 2008 but was just mobile and along side my proper job then with just a few treatments on list but after my husband was in a road side explosion in the forces he was badly injured so I had to stop for a while as had to care for him I still did some manicures for reg clients then when it was clear he was far too injured and medically discharged I had to work to fit in my caring around him so carried on with Vanilla Moon then moved into a gym as Vanilla Moon and therapies4forces which is the part of company where I give free treatments to injured forces and their families then when gym contract ran out I opened my salon and pop up spa thing, through out this time I have had name Vanilla Moon I have had some of the names from earlier dates reg at companies house some in my name some where I have had to pay a company to run it which seemed good idea when first opened as they advised better as brought for name protection, then when this came to light I was advised to look copy right and after goign through all sites for this is said companies reg at companies house where the person who advising me said would be a good idea to buy more Vanilla Moon companies, the other lady doesnt trade as Vanilla Moon Cotswold just Vanilla Moon same as me so even if I had not brought Vanilla Moon cotswold I would still have the other names over different periods I only brought it as was advised to when they explained reason it makes sense. I hope that makes sense

 

[vanillamoon]

No I orginally paid a company who set up the companies as they said was best way forward as was going to be a dormant company so some are some arent As said before been using this name from back in 2008 and as and when afforded various Vanilla Moon from companies house have brought some I have just got on a 10 year thing to protect name and I paid a company as they do all the annual paperwork and will keep the name safe for me. The Vanilla Moon cotswold was brought the other day as I was advised to buy it and any other Vanilla Moon ones that could be made that I didnt already own and the other company doesnt trade as this just as Vanilla Moon the same as me So suggestions that I did it then claimed it are not helpful if someone looked at all paperwork bank account etc they would see I have had name Vanilla Moon for years.

 

[vanillamoon]

Please read my replies as to Vanilla Moon and length time trading and all the other Vanilla Moon names I have owned for long periods of time and advise I was given But sort of makes me relise that I need a professional person who can look at all my paperwork all the companies ones in my name ones I have paid to be looked after bank account and other paperwork such as contract with gym etc etc and put together a proper case for me. Thank you to everyone for suggestions and help

 

[vanillamoon]

Although:

Domain Name: VANILLAMOONCOTSWOLDS.COM
Creation Date: 30-jan-2013
Administrative Contact: warner, zoe

Could this person claiming to be the original owner actually be the competitor considering her UKBF name is Zoe? hmm

if you check my other Vanilla Moon companies and there are alot of them on companies house you will see they go back years before the other business brought their email

 

[vanillamoon]

if you check my other Vanilla Moon companies and there are alot of them on companies house you will see they go back years before the other business brought their email

it is the Vanilla Moon part I dont trade as Vanilla Moon Cotswolds and nor does the other business I have been Vanilla Moon for years and now the other company is trading as Vanilla Moon

 

[vanillamoon]

Hang on.... the company name Vanilla Moon Cotswolds Ltd registered 18th February 2013. (Director Zoe)

The domain vanillamooncotswolds.co.uk was registered 28th June 2011 (by Lucy).

I'm assuming you are Zoe - as you said you own the Ltd companies.

The dates don't help your claim, and I'm not surprised they ignored your request.

Vanilla Moon complementary therapies incorporated companies house 28/3/11company number 07581228

lots more different dates before and after plus lots of variations of domains as well various dates

Lucy is not trading as Vanilla Moon Cotswold just Vanilla Moon- I have been Vanilla Moon for a long time much longer than Lucy if she was a different type of business I would have not issues at all

 

[vanillamoon]

Although:

Domain Name: VANILLAMOONCOTSWOLDS.COM
Creation Date: 30-jan-2013
Administrative Contact: warner, zoe

Could this person claiming to be the original owner actually be the competitor considering her UKBF name is Zoe?
If you read all the posts you will know more
Why would I do that when I have been Vanilla Moon for years?
Example one my companies there are lots more Vanilla Moon variations at various dates just one sample
Vanilla Moon Complementary therapies
created on 28-03-2011
Company number 07581228

The other company didnt even get a web domain until months after this date

 

[PDRD]

Have you actually been to speak to them face to face?

 

[vanillamoon]

On a different note I have opened a new thread, I wondered if people on here who could be stressed would be interested in learning tips on relaxation adn stress relief, I visit corporate companies and give treatments not everyone is lucky enough to be able to access this but there is much that can be done at home alone that can help, one of the main reasons to GP and loss of work days is Stress and muscular complaints, and apprently workers are more productive if they are less stressed so that cant be a bad thing
I dont mind posting regular updates of ways people can help themselves to be more relaxed which will have a positive impact on their lives or answering any complementary or beauty questions that I can. There are other similar professionals on the site who would probably have some useful tips too.
You have all been so sweet and helpful in answering my question would be great if I could help you do something that would make a positive impact on yourself, let me know I have opened this is another main thread
Look forward to hearing from you

 

[vanillamoon]

Have you actually been to speak to them face to face?

No I haven't as I wasn't sure that was a very professional thing (plus I have had my leg in plaster cast suffering a Ruptured Achilles tendon so have been running the admin side of stuff from here.) I would be worried about going there as they may get really cross and I would be worried that I could get into trouble from going into their salon. Plus it is all complicated as own lots of variations of the name Vanilla Moon at companies house so would need to take lots of my paperwork and bank statements back dated to prove that I have been Vanilla Moon for a long time long before they brought the domain vanillamooncotswolds
Which although they use as web address they dont use as their shop name they have dropped the Vanilla Moon it all seems rather complicated.
I would like to have the chance to speak to the lady face to face but worried she may not be a nice calm person, the sort of person who would look around when she brought her webdomain see I was trading just up the road as Vanilla Moon then call herself Vanilla Moon may not be a very respectful person so it may make it worse. But thank you for the mail is that you would do?

 

[Trademarkroom]

Hi, I really would consider a trademark, it's the best way to protect to your brand. You don't want someone else to do this which will only make things worse. We offer all sorts of packages- 'pm' me and I'm sure we can help.